The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-24
Bowlus and Metcalf passed by shortly after the
occurrence narrated by the witness

occurrence narrated by the witness.
Characterization by Mr. Brown-Where is this
saloon!
Answer-Between Meridian and Pennsylvania
streets, on the south side of Washington The place
Q-Who is Mr. Lemong
A.-Daniel Lemon.
Ole was elected sheriff.
A-No sir; he was the Democratic candidate.
Ole never was counted inf
A.-No sir; he did not have the inspectors.
The next witness called was William A Wilk-
ins, reporter for the indianapolis Journal
QUESTIONABLE you acquainted with Simeon Coyf
o-Are you acquainted with Henry n. Spaana
Q.-Were you present at the meeting Of the can
wasting board on the 4th of November, 1eoof
o.-At what time did you go therel
H-Between 2 and half-past in the after
noon and remained until 3 or little after . clock
Q.-How long did you remain away after that
A.-About hour and q half, returning between
DID YOU see Sullivan there when you returnedi
Al did
"A good portion of the evening sitting in the
o.WAre you acquainted with George w. Budd.
Q.-Was he in the that EVENING"
Al didn't see Mr. Budd or have recollection
of having him. 1 remained until the canvass was
completed. and they were making the footing think
my attention called to Room 50. 1 went down
the hail. saw light, and then returned few min
to go down the corridor with AS passed the
said to Mr.. Dennis that Coy and Span are in
that room, and Mr.. Dennis DESTROYS of stopping
and taking the number of the requested him to
come In doing so he made some noise.
We passed to the side of the corridor and
turning the north side, Mr. Coy looked out of
the in my direction, then west. and went in
again. We then passed along the north side to the
alley space between. and then across to the south
side. Mr.. Spann then coming out or the room
We met the angle of this crossing, and directly
afterward Mr.. Gov came out. / made remark, [
don't remember what it was in reference to the re-
turns. what they doing in the room The
conversation then.came up in general way about the
Coy said they in there looking at the
election laws. Coy had pamphlet III MS hano'
Q.-How long had they been in that room from the
time your attention called to their being there
until they outl
Al presume twenty minutes
Q.-How is that courthouse heatedf
Q-How was Coy dressed that night
Ale had on heavy overcoat-a heavy brown
beaver overcoat-a rough beaver
Cross-examined by Mr.. Brown-You say Coy bad on
heavy wy oye re-
Odd you ask what he and Span were doing in
Al don't know that asked them directly
Q.-Was anything asked about an election re1urnf
A.-Yes, sir; asked Mr.. Coy where the returns
Q.-what did he sayl
AIR. Coy indirectly denied having them.
Odd You examine Mr. Coy's clothing any ways
Al opened his overcoat. didt ind anything.
Q-Were any election papers about Mr.. Spaanf
Re-examined by Mr. sellers-What was the eharac-
ter of examination you made of Mr. Coys clothlngs
Witness The examination made was superficial
merely opened Mr.. Coy OvercOat
Mr.. Brown-Didnt you also open his inside coat
and feel in his vest pocket after cigarsI
Witness-No, sir; that was on another occasion
Q.-Coy made no effort to prevent your
A.-No, sir
Mr.. Sellers to the Court-We rest. your honor.
1t was ther 1O:15A. NJ The court took recess
until o'clock NJ.
At 2 o'clock the witnesses for the defense were
sworn collectively by Clerk Butler. VIM. +.
A Bernhamer not of the number, though
all the other conspirators were among those
sworn. Bernhamer came in later. was sworn.
and called as the first witness. Mr.. McNutt
conducted the examination tbs part of the de-
Tense and Mr.. Claypool cross examined the wit
nesses on behalf of the government.
Question-What position did you hold on the board
of the returns of the general
election held in November, 1856!
Answer was inspector of my precinct and chair
of the board of canvassers The first controversy
that after assumed the chair in regard to
who should act as clerk of the board The statute
told take his place. He stat ed that he had appoint
Mr.. Mclean himself being disabled To this choice
objection publicly raised by Hiram
he board The Objection was made
that Coons not regular clerk. 1t settled
eont @ ac Mr. Mclean then appointed
Aureus J. Joyce, of his deputies to which there
was no objection, and Mr.. Coons retired.
Oh what order did you call the precincts of the
wards and townships and under what order
dianapolis in Center townsaipIcenter sowns6p ward
precinct l. and follow ed that order through the
tire city, then the precincts of Center township
in numerical order and then the the townships in alpha
bette order. with precinct 4, Wayne township. the
last
The witness then went on to relate the occur
rences of the day and night of the canvass, the
counting of the vote of precinct in the Sixth
aad one in the Tenth ward from the returns In
the sealed bags. He explained that the various
motions that he had put and carried were pre-
sented by members of the board and that he had
not suggested any of them except those regard
ing meals The first irreguarity was in the
third precinct of the First ward. whore, the
tally sheet. Thaddeus S. Rollins, Republican
CLARK had five aiy
gave him. motion was tom
made that where such discrepancies occurred,
the tally sheet only could be taken, and this
motion carried unanimously. The next discrep-
ancy was in the precinct OF the Fourth ward. of
which Counselman was inspector. which was
passed for a time because the certificate had not
been filled out They did not have the signature of
a single election officer thereto attached. There
was 20 other dispute until the Hisey precinct,
No 2 of the Thirteenth ward, was reached.
When Hiseys returns were given in, and the
perusal went on. the claim was made by some
of the gentlemen keeping personal tally
sheets that it did not correspond with
their figures. A dispute arose. John b.
Elan asked permission on behalf Of Judge Irwin
to address the board. Permission was granted
and Mr.. Elan made an argument he argued
that it Was the duty of the board whore the cor
rectness of returns was challenged, to go TO the
sealed bag il the clerks Office and make the re-
turn from that Mr.. Spaan. ON behalf of Mr..
Ayres. asked and was given permission to
answer. He read from election pamphlet
nrSt citing the law ana tnen the Iacts no uoiu
that the board was to use the paper that was be-
fore them and no other. The board had already
decided to count from the tally-sheet and not
from the sealed bag The witness thought Captain
McHugh made that motion. He did not originate
It,
Ayes sir; told him I had power to send for
the bag that the board refused to change its rulings
told him was acting for the board and not for my
self.
Ole speaks of having you the following
morning.
Ale did He came to me and wanted to go
down stairs and the bag opened and if the
turns of his precinct right told him the board
alone could do that. / asked him who it he had
given his papers He said he would not tell: that
he expected to find the
Q.-After the Schmidt matter what came nexts
Awhile messengers gone for Hiram Miller
and the No. Wayne township returns, it sug-
gested call Counselmans precinct. He sitting
there Then Mr.. Counssiman brought up. l say
brought up because he brought up to the desk